Teachers and staff in Detroit’s main school district could soon have to tell their supervisors if they are supplementing their salaries with a side job.
The school board’s policy committee last week approved a new policy that says the district “expects employees to disclose outside employment” and bars employees from working a second job while on any kind of leave.
The policy, which will now go to the full school board for more review before the board makes a final decision, comes amid a wholesale overhaul of district rules. The school board is reviewing and implementing a host of new policies as part of the ongoing transition from the old Detroit Public Schools district to the new one, the Detroit Public Schools Community District.
Frequent changes to district policies under the five emergency managers who ran the Detroit district in recent years means that it’s unclear whether the employment disclosure policy is new, although the rules for outside employment under the current employee code of ethics do not require employees to disclose their second jobs. It’s also unclear how many teachers and district staffers the policy might affect, whether any kinds of second jobs might be prohibited, and how the district might use information about teachers’ side gigs.
What is clear is that educators say intervening in teachers’ outside employment does not make sense, given how hard it is to make ends meet as a Detroit educator right now.
“The bottom line is until you start paying teachers enough money, until then, people have to do what they have to do to make ends meet,” said Ivy Bailey, president of the Detroit Federation of Teachers. “It’s really none of their business about what teachers do on their off time unless it’s a conflict of interest.”
Such conflicts, in which a teacher’s second job might interfere with his or her ability to fulfill responsibilities to the district, are exactly why the policy is needed, said Superintendent Nikolai Vitti.
“As we’re rebuilding the district, we really want to avoid as many conflict of interests as possible,” Vitti said. “We’ve seen instances where there are conflicts of interest at the district level at the school level with all employees, so we’re just trying to be proactive with the culture of the district.”
Vitti said the step is intended to “prevent some of the ills of the past.” He did not offer specific examples but the district’s history is littered with costly and embarrassing scandals that might have been averted if closer attention were being paid to employees’ outside jobs. In one extreme example, a district official created tutoring companies, then billed for services she never delivered.
Vitti noted that asking employees to disclose employment will help reduce Family Medical Leave Act fraud in which employees work other jobs while out on approved medical or family leave.
He also pointed out that many other districts require full disclosure of outside employment. His former district, Duval County Public Schools in Florida, is not one of them, according to an employee handbook posted online. There, employees are not expected to disclose their outside employment, nor are they barred from working other jobs while on leave. But they are not allowed to sell anything to other teachers nor to parents of their students.
If implemented, the policy in Detroit could affect large numbers of teachers. About 19 percent of Michigan teachers reported having a second job as of 2014, according to a study from the National Center for Education Statistics.
In Detroit, where teacher pay is especially low, that number could be even higher. Vitti has vowed to increase teacher pay, and a new contract ratified last summer gave teachers their first real raise in several years. But that was not enough to bring teachers back to where they were when they took a 10 percent pay cut in 2011.
Dawn McFarlin, a former Detroit Public Schools teacher, launched her T-shirt company as a side gig as a way make extra money. After years without a pay increase in the city’s schools, she’s now working in another district, but she’s still hawking shirts to her former colleagues. Her top tee says “I Teach in the D” on the front.
So far, she’s sold about 500 shirts at $25 each, mainly to friends and through her Facebook page. She said she uses the profits to pay bills and fund her children’s travel expenses for sports.
“As a teacher, I know how it feels to be in the grocery store, trying to make ends meet,” McFarlin said. “I was thinking of the struggle teachers go through, and that’s how the shirt came about.”
Here’s the complete policy that the school board is considering. Board members will review the policy next at the full school board meeting in February, where the public can address the board.
“Outside employment is regarded as employment for compensation that is not within the duties and responsibilities of the employee’s regular position with the school system. Employees shall not be prohibited from holding employment outside the District as long as such employment does not result in a conflict of interest nor interfere with assigned duties as determined by the District.
The Board expects employees to disclose outside employment. The Board expects employees to devote maximum effort to the position in which employed. An employee will not perform any duties related to an outside job during regular working hours or for professional employees during the additional time that the responsibilities of the District’s position require; nor will an employee use any District facilities, equipment or materials in performing outside work.
When the periods of work are such that certain evenings, days or vacation periods are duty free, the employee may use such off-duty time for the purposes of non-school employment.
This policy prohibits outside supplemental employment while on any type of leave.”